HUSSAIN ALI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal from Jail has been preferred against the Judgment and order dated 18-10-1997 passed by VIth Additional Sessions Judge, Meerut in Sessions Trial No. 1096 of 1994 convicting the appellant Hussain All under Sections 302, 376 and 201, IPC and sentencing him to imprisonment for life and fine of Rs. 3,000/- under Section 302, IPC, and R.I. for a period of 10 years and fine of Rs. 2,000/- under Section 376, IPC and R. I. for a period of three years and fine of Rs. 1,000/- under Section 201. IPC. In default of payment of fine he further sentenced the appellant to undergo R.I. for a period of two years, one year and six months respectively on each count.

(2.) The prosecution story, briefly stated, was as under : The appellant and Ved Prakash (P.W. 2) were residents of village Abdullahpur, P.S. Bhawanpur, district Meerut. Ved Prakash {P.W. 2) had a daughter Km. Sarvesh aged about 8 years. Bhimsen (C.W. 1) aged about 10 years was his younger brother. Bharat Singh (P.W. 1) was his elder brother. Appellant Hussain All used to ply a rickshaw on hire. On the evening of 6-4-1992 at about 8 p.m. Ved Prakash (P.W. 2) along with his daughter Km. Savesh and younger brother Bhimsen (C.W. 1} had gone to Nauchandi fair. Ved Prakash (P.W. 2) had hired rickshaw of appellant for going to and coming back from Nauchandi fair. Ved Prakash . (PAY2) , his daughter Km. Sarvesh and brother Bhimsen (C.W. 1) had boarded the rickshaw of the appellant at the Tea stall of one Nishu. They started for Nauchandi fair at about 8 pm. The appellant was also seeing mela along with Ved Prakash and others parking his rickshaw at the stand. While they were seeing fair, Ved Prakash (P.W. 2) was arrested by the police of P.S. Nauchandi in the said fair at about 12 in the night in a case under Section 60 Excise Act. When Ved Prakash (P.W. 1) was arrested, he asked appellant Hussain All to take back his brother Bhimsen (C.W. 1) and his daughter Km. Sarvesh to his house. Hussain All took Km. Sarvesh on his shoulders and proceeded with Bhimsen (C.W. 1) . At some distance he asked Bhimsen (C.W. 1) to see his brother Ved Prakash. Bhimsen (C.W. 1) went to the place where his brother Ved Prakash was arrested, but he did not find him there. He again returned to the place where he had parted with the company of appellant, but the appellant and his niece Km. Sarvesh were not found there. He searched them in the Mela in the night, but they could not be traced out. At about 1.40 a.m. in the night the appellant Hussain All was seen by Prem Singh (P.W. 3) near Military farm pulling the rickshaw and Gulsher was sitting on the rickshaw taking Km, Sarvesh in his laps. Prem Singh (P.W. 3) was in search of a conveyance to go to his village Abdullapur. He asked rickshaw puller to stop the rickshaw, but rickshaw was not stopped. Bhimsen (C.W. 1) could not trace out the appellant and Km. Sarvesh in the Mela. In the morning he came back to his house and narrated the entire story, to his elder brother Bharat Singh (P.W. 1) . Thereafter. Bharat Singh (P.W. 1) along with Ram Phal, Shivraj Singh and Dharamveer of his village started searching Km. Sarvesh. When he reached near Nala and Ber tree he observed clothes of Km. Sarvesh hanging on Ber tree.When he came near Nala he saw that dead body of Km. Sarvesh was lying in the Nala. There were injuries on the dead body and blood was oozing out from the vagina. He suspected that Km. Sarvesh was murdered after committing rape on her. Thereafter, he prepared report (Ext. Ka-1) and came to police station Bhawanpur where he lodged report at 11.40 a.m. on 7-4-1992.

(3.) Chik, F.I.R. (Ext. Ka-5) was prepared by Head Constable Sohan Pal Singh (P.W. 8} , who made an endorsement of the same at G.D. report (Ext. Ka-6) and registered a case under Sections 302, 201 and 376 IPC and Section 3 (1) (xii) S.C. and S.T. (Prevention of Atrocities) Act.